Couple asks Supreme Court to hear ICWA case for Cherokee girl

Wednesday, October 3, 2012  

A non-Indian couple that went to the media to complain about the Indian Child Welfare Act is asking the U.S. Supreme Court to hear their case.

Matt and Melanie Capobianco have made numerous public appearances in their quest to keep a two-year-old girl from her Cherokee Nation father. The South Carolina Supreme Court ruled for the father but the couple is now asking the Supreme Court to intervene.

The petition in "Adoptive Couple v. Baby Girl" was filed on Monday, according to Docket No. 12-399. A response from the biological father, Dusten Brown, and the Cherokee Nation is due October 31.

The couple has also been lobbying Congress to amend ICWA to restrict tribal involvement in Indian child adoption cases.

Get the Story:
Adoptive Couple v. Baby Girl Cert Petition (South Carolina ICWA Case) (Turtle Talk 10/3)

South Carolina Supreme Court Decision:
Adoptive Couple v. Cherokee Nation (July 26, 2012)

Related Stories:
Cover Story: Non-Indian couple not giving up on ICWA dispute (9/26)
Column: Lawyer switches sides for Indian Child Welfare Act case (09/05)
Court won't rehear ICWA case involving Cherokee Nation father (8/30)
Opinion: ICWA punishes child returned to her Cherokee father (8/28)
Opinion: Media slanted against ICWA in South Carolina case (8/23)
Couple wants rehearing in ICWA case of Cherokee Nation girl (8/14)
Court supports return of child to Cherokee father under ICWA (7/26)
Terry Cross: Compliance with Indian Child Welfare Act needed (7/25)
New group lobbies Congress to change Indian Child Welfare Act (7/11)
Couple in ICWA case says Cherokee child is more 'Latino' (04/19)
South Carolina court hears ICWA case for Cherokee child (4/17)
Former Sen. Abourezk clarifies comment about ICWA case (01/24)
South Carolina Supreme Court pushed to take up ICWA case (01/18)
Cherokee Nation seeks gag order in ICWA dispute making news (1/5)
Cherokee Nation man wins custody of daughter in ICWA case (1/3)